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State and federal courts are available to resolve disputes between co-religionist parties the same way that they are available to all Americans. Religious parties, however, are increasingly choosing to avoid resolving co-religionist conflicts of this kind in traditional courts, instead opting for private dispute resolution methods based on religious principles. This chapter explores this phenomenon by focusing on an argument put forth by Professors Michael A. Helfand and Barak D. Richman that state and federal courts can and should be more willing to engage in resolving co-religionist disputes. This chapter argues that one of the reasons for the increased demand for and importance of religious arbitration is that secular courts are poorly equipped to address such cases in ways that effectively uphold the understandings and expectations of religious parties engaged in co-religionist commercial conflicts

Ecclesiastical courts --- Dispute resolution (Law) --- Church and state --- Islamic courts --- Rabbinical courts

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Jewish families --- Marriage --- Sex --- Conduct of life --- Religious aspects --- Judaism --- Religious aspects --- Judaism

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One of the most basic questions for any legal system is that of methodology: how one interprets, analyzes, weighs and applies a mass of often competing legal rules, precedents, practices, customs, and traditions to reach final determinations and practical guidance about the correct legal-prescribed course of action in any given situation. Questions of legal methodology raise not only practical concerns, but theoretical and philosophical ones as well. We expect law to be more than the arbitrary result of a given decision maker’s personal preferences, and so we demand that legal methodologies to be principled as well as practical. These issues are especially acute in religious legal systems, where the stakes are raised by concerns for respecting not just human, but divine law. Despite this, the major scholars and codifiers of halakhah, or Jewish law, have only rarely explicated their own methods for reaching principled legal decisions. This book explains the major jurisprudential factors driving the halakhic jurisprudence of Rabbi Yehiel Mikhel Epstein, twentieth century author of the Arukh Hashulchan—the most comprehensive, seminal, and original modern restatement of Jewish law since Maimonides. Reasoning inductively from a broad review of hundreds of rulings from the Orach Chaim section of the Arukh Hashulchan, the book teases out and explicates ten core principles of halakhic decision-making that animate Rabbi Epstein’s halakhic decision-making. Along the way, it compares the Arukh Hashulchan methodology to that of the Mishna Berura. This book will help any reader understand important methodological issues in both Jewish and general jurisprudence.

Jewish law --- Codification. --- Interpretation and construction. --- Epstein, Jehiel Michael ben Aaron Isaac, --- Arukh HaShulhan. --- Custom. --- Halakhic Rules. --- Jewish Law. --- Judaism. --- Legal Models. --- Legal Opinions. --- Maimonides. --- Methodology. --- Mishnah Berurah. --- Mysticism. --- Orach Chayim. --- Pragmatism. --- Rabbi Yechiel Mikhel Epstein. --- Rabbinics. --- Resolution. --- Sabbath observance. --- Superogatory Religious Conduct. --- Talmud. --- Temporal Rationalization. --- biblical text. --- festival celebrations. --- halakha. --- legal principles. --- minhag. --- piety. --- prayer. --- tradition.

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The Mishna Berura is, without a doubt, Rabbi Israel Meir Kagan's greatest and most complex contribution to the canon of Orthodox Jewish Law; it is a singular work that synthesizes Jewish traditions, laws, and mores into a practical halakhic guide to daily religious life. For all of his traditionalism, Rabbi Kagan was an iconoclast, and the Mishna Berura broke from many of the traditional approaches of deciding halakhic directives. Instead, he favored studying, engaging, and asserting decisions in a nuanced, almost natural approach to how ethical people should live their daily lives consistent with Jewish law. Today, the Mishna Berura has gained widespread recognition and is considered authoritative by essentially all of contemporary Orthodox Jewry, a measure of greatness that few works of Halakha have attained. Michael J. Broyde and Ira Bedzow here investigate this seminal text and explore its background and decision-making process.

Jewish law --- Codification. --- Israel Meir, --- Biblical law --- Civil law (Jewish law) --- Halacha --- Halakha --- Halakhah --- Hebrew law --- Jews --- Law, Hebrew --- Law, Jewish --- Law, Mosaic --- Law in the Bible --- Mosaic law --- Torah law --- Law --- Law, Semitic --- Commandments (Judaism) --- codification

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